This bill introduces a new chapter, Chapter 507-J, to the existing law that establishes a civil cause of action regarding the use of small unmanned aircraft systems (UAS) for surveillance purposes that infringe upon an individual's reasonable expectation of privacy. Specifically, it prohibits the operation of a small unmanned aircraft system equipped with an imaging device over private property without the property owner's written consent, where a reasonable expectation of privacy exists. The bill defines key terms such as "aircraft," "imaging device," and "surveillance," and clarifies that a reasonable expectation of privacy is presumed in locations not observable from public ground-level positions.
The bill also outlines exceptions to this prohibition, allowing law enforcement officers to operate UAS under certain conditions, such as with a valid warrant or in exigent circumstances. Additionally, it provides remedies for individuals who allege violations, including the ability to seek compensatory and punitive damages, injunctive relief, and reasonable attorney's fees. The provisions of this chapter are declared to be severable, ensuring that if any part is found invalid, the remaining sections will still be enforceable. The act is set to take effect on January 1, 2027, and is expected to have a minimal fiscal impact of less than $10,000 in each fiscal year from 2026 to 2029.